{"id":4115,"date":"2020-07-15T18:28:07","date_gmt":"2020-07-15T16:28:07","guid":{"rendered":"https:\/\/etl-ilia.es\/uncategorized\/blog\/que-documentacion-necesita-una-persona-juridica-extranjera-para-constituir-una-sociedad-limitada\/"},"modified":"2021-05-05T16:19:11","modified_gmt":"2021-05-05T14:19:11","slug":"what-documentation-does-a-foreign-legal-person-need-to-incorporate-a-limited-company","status":"publish","type":"post","link":"https:\/\/etl-ilia.es\/en\/company-formation\/what-documentation-does-a-foreign-legal-person-need-to-incorporate-a-limited-company\/","title":{"rendered":"What Documentation Does a Foreign Legal Person Need to Incorporate a Limited Company?"},"content":{"rendered":"

Company Formation in Spain<\/a><\/p>\n<\/div><\/div><\/div><\/div><\/div>\n

If you\u2019re thinking of incorporating a limited liability company in Spain<\/strong> on behalf of a foreign enterprise, you should know that doing so is indeed possible. This post tells you how it\u2019s done and what documentation you will need.<\/p>\n

The only drawback to this process is that it takes longer as you\u2019ll have to send documents to Spain from overseas and complete certain additional procedures.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

<\/div>\n

Steps to follow and the necessary documentation to incorporate a limited company for a foreign enterprise<\/h2>\n

The below details the steps to follow and the documentation that will be needed to incorporate a limited company for a foreign legal person:<\/p>\n

    \n
  • A foreign company that wants to incorporate a limited company in Spain must obtain a NIF tax identification number prior to the incorporation of the company in the presence of a notary.<\/li>\n
  • To apply for a NIF, the foreign company\u2019s legal representative must apply for a non-resident NIE tax identification number. A power of attorney could be granted to a person who is habitually resident in Spain (a lawyer or agent, for example) to complete these procedures. The power of attorney must be translated by a sworn translator and legalised with an Apostille of The Hague.<\/li>\n
  • If you wish to obtain an NIE for a foreigner who is not resident in Spain, there are two alternatives:\n
      \n
    • Go to the Spanish Consulate in their country of residence and apply for one.<\/li>\n
    • Go to the Aliens Office or Police Station in Spain and apply for one either in person or through a representative with sufficient power.<\/li>\n<\/ul>\n<\/li>\n
    • To apply for an NIE, you must submit:\n
        \n
      • An application form<\/li>\n
      • Original passport<\/li>\n
      • A report from a Spanish notary regarding the financial, professional or social causes that justify the request<\/li>\n
      • Proof of payment of the relevant fees<\/li>\n
      • If the request is made by a representative, they must submit:\n
          \n
        • Power of attorney with a sworn translation and an apostille.<\/li>\n
        • Copy that has been authorised and notarised by a notary public of the pages of the passport, which have been apostilled or legalised.<\/li>\n<\/ul>\n<\/li>\n
        • Articles of association with the minimum content as required by Spanish law, which is as follows:\n
            \n
          • Name of the company<\/li>\n
          • Company purpose<\/li>\n
          • Address<\/li>\n
          • Share capital (the minimum share capital is \u20ac3,000 for limited companies), the shares into which it is divided and its consecutive numbering.<\/li>\n
          • The way in which the company is to be managed (sole director, directors acting jointly or severally or a board of directors).<\/li>\n
          • The way in which the company’s bodies deliberate and adopt agreements (such as general meetings and a board of directors).<\/li>\n<\/ul>\n<\/li>\n
          • Negative certification of the company name from the Mercantile Register.<\/li>\n
          • Proof of the monetary contributions made, issued by the bank.<\/li>\n
          • The original power of attorney document.<\/li>\n
          • Certificate of the foreign company’s existence, stating the position of the legal representative and their validity. All these documents must also be translated by a sworn translator and legalised with an Apostille of The Hague.<\/li>\n
          • Identification document for the foreign company’s representative.<\/li>\n
          • Declaration of foreign investments. This is a document that must be submitted to the Register of Foreign Investments (Registro de Inversiones Extranjeras<\/em>), which is part of the Ministry of Industry.<\/li>\n
          • When the deed of incorporation for the Spanish limited company has been issued, it is necessary to apply for registration in the Census of Employers (Censo de Empresarios<\/em>) at the Tax Agency.<\/li>\n
          • Settlement (as exempted) of the Tax on Company Operations (Impuesto de Operaciones Societarias<\/em>) within 30 days of the granting of the deed of incorporation.<\/li>\n
          • Registration of the company in the Mercantile Register.<\/li>\n
          • Application for a permanent CIF (tax identification card) from the Tax Agency.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div><\/div><\/div><\/div><\/div>